Understanding your rights when a co-owner occupies property under a life tenancy in Missouri

Quick answer: In Missouri, a person who holds a life estate (a life tenant) has the right to possess and use the property for the length of that life estate. The other co-owner(s) (remainderman or future interest holders) have a future ownership interest and can enforce duties against the life tenant — for example, to prevent waste, require reasonable maintenance, and pursue a partition or sale in certain situations. You cannot forcibly evict a lawful life tenant simply because they occupy the property, but you can take legal steps to protect your remainder interest.

Detailed answer

What is a life tenancy (life estate)?

A life estate gives someone (the life tenant) the right to possess and use real property during the life estate (usually for the lifetime of the named person). When the life tenancy ends, the property interest passes to the remainderman(s) or reverts to the grantor’s estate, depending on how the estate was created.

What possession and use rights does the life tenant have?

Exclusive possession and use for the duration of the life estate.
Ability to collect ordinary rents and income from the property while the life estate lasts, unless the deed or will states otherwise.
Authority to make ordinary repairs and reasonable use. The life tenant cannot commit waste (see below).

What duties and limits does the life tenant have?

Under Missouri law and general property principles, a life tenant must:

Avoid “waste.” Waste generally breaks down into voluntary (destruction or removal of valuable items), permissive (neglect leading to damage), and ameliorative (alterations that increase property value but change character). The remainderman can sue to stop or remedy waste.
Pay ordinary property taxes and assessments attributable to the property during the life estate unless the deed says otherwise. If the property has a mortgage, responsibility for mortgage payments will depend on the terms of the loan and who signed it; failure to pay can lead to foreclosure that affects all interests.
Not sell or encumber the property in a way that destroys the remainderman’s interest; the life tenant can generally sell or mortgage only the life estate (their interest measured by the length of the life).

What remedies does a remainderman or co-owner have in Missouri?

If you hold a future interest (remainderman) or you are a co-owner with a claim to the property beyond the current life tenancy, your main remedies include:

Action for waste. You can ask a Missouri court to stop waste, to order repairs, or to recover damages for past waste.
Accounting and demand for necessary repairs. You can request that the life tenant maintain the property and account for income or rents they collect from the property.
Partition action. Co-owners may file a partition action in the Circuit Court when they want to divide ownership or force a sale and division of proceeds. If dividing the physical property (partition in kind) is impractical, the court may order a sale and distribute the proceeds according to each owner’s interest. Missouri courts handle partition suits in the circuit courts; more information about circuit courts is available from the Missouri Courts website: https://www.courts.mo.gov/page.jsp?id=101
Injunctions and declaratory relief. If there is a dispute over rights or an immediate threat of waste, you can ask the court for injunctive or declaratory relief to preserve the property and clarify legal rights.

Can you evict a life tenant?

No—if the person is a legitimate life tenant, they have a possessory right for the length of the life estate. Eviction (forcible removal) applies to tenants at sufferance, holdover tenants, or unlawful occupants, not to someone who has a lawful life estate. However, if the life tenant engages in waste, criminal acts, or breaches a court order, you may have other legal remedies including court orders limiting possession or compelling repairs.

What should you do first if you think a co-owner with a life estate is harming your interest?

Confirm the ownership documents: deed, will, trust, or court order that created the life estate. These documents define rights and duties.
Document the condition of the property with photos, written notes, and records of expenses, repairs, rents collected, and communications.
Try to negotiate with the life tenant: propose maintenance plans, cost sharing, or a buyout of the life interest if both sides agree.
If you cannot resolve the issue, consult a Missouri attorney experienced in real property and probate or estate matters to evaluate the possibility of suing for waste, seeking an accounting, or filing a partition action.

Why title specifics and the nature of the life estate matter

The exact rights and duties depend on how the life estate was created. For example:

If a deed created the life estate, the deed language controls. The deed may impose special obligations or carve out rights.
If a will created the life estate, Missouri probate law may affect administration and remedies for breach.
If a trust created the life estate, the trustee’s duties and trust terms will govern.

Where to look in Missouri law

Missouri property disputes over partition, possession, and related relief are handled in the Missouri Circuit Courts. Official Missouri statutes and resources are available at the Missouri Revisor of Statutes: https://revisor.mo.gov/ and the Missouri Courts website: https://www.courts.mo.gov/. For specific statutes and case law on partition, waste, and related remedies, use the Revisor site search to locate sections and cases that concern “partition,” “waste,” “life estate,” or related probate statutes.

Helpful hints

Do not attempt self-help eviction. Lock changes, threats, or forcible removal can expose you to criminal and civil liability.
Get and keep records: deeds, tax bills, mortgage statements, insurance policies, repair invoices, and photographs.
Check who pays property taxes and insurance. Often the life tenant pays ordinary taxes and insurance, but the deed can assign obligations differently.
Consider mediation. A mediated buyout of the life estate or a written occupancy agreement often avoids costly litigation.
If you worry about foreclosure risk because mortgage payments are unpaid, act quickly—foreclosure can extinguish both life and remainder interests if not defended.
If you are the life tenant and you are unsure of your obligations, get legal advice before making major alterations or removing fixtures; some changes could expose you to a waste claim or liability to remaindermen.

When to consult a Missouri attorney

Talk to a lawyer if any of the following apply:

The life tenant is committing or allowing significant damage (possible waste).
There is disagreement about who must pay taxes, insurance, or mortgage payments.
You want to force a partition or sale of the property.
You need a formal accounting of rents, profits, or expenses related to the property.

Disclaimer: This article explains general principles of Missouri property law and is for educational purposes only. It is not legal advice. Every situation is different. For advice about your specific case, consult a licensed Missouri attorney.